6.2.8.9 Pain & suffering for injuries from 1 December 1992 to 11 November 1997
Pain and suffering means actual pain or distress or anxiety suffered or likely to be suffered by the worker, whether resulting from the injury concerned or from any necessary treatment.
If, from 1 December 1992, a worker suffers an injury mentioned in the compensation for maims table, there may be an entitlement to receive a further amount of compensation for pain and suffering subject to the following conditions.
Entitlement
Where the amount is assessed as equal to or greater than the relevant threshold, there may be an entitlement to a further payment. If the maims entitlement is less than this threshold there is no entitlement to a payment.
For claims made on or after 1 December 1992, the pain and suffering component can only be considered if the claim was given, served or lodged at the same time as the maims claim.
If a worker suffers more than one injury listed in the compensation for maims table on the same occasion, the compensation payable under the maims claim can be added together to meet the threshold.
However, injuries sustained in different accidents cannot be added.
Assessment of pain & suffering
For injuries from 1 December 1992 the maximum entitlement payable for pain and suffering applies to 'a most extreme case' of pain and suffering, with any other case being assessed as an amount reasonably proportionate to that maximum, having regard to the degree and duration of pain and suffering and the severity of the injury or injuries.
'A most extreme case' refers to a class of cases rather than the most extreme case. It might include severe injuries such as quadriplegia, extreme brain damage or very severe burning and/or scarring. To calculate the amount payable it is necessary to determine the degree of a worker’s pain and suffering relative to a most extreme case. Once this is done, it is a mathematical exercise to determine the amount of compensation payable.